Wrongful Death Claims in Georgia

Seeking Justice for Your Loved One

Losing a loved one due to someone else’s negligence or misconduct is devastating. While no amount of compensation can bring them back, a wrongful death claim can provide financial security for your family and hold responsible parties accountable.

At Garner Law Office, P.C., we help families in Carrollton, Dallas, Hiram, and across Georgia pursue wrongful death claims against negligent drivers, businesses, medical professionals, and other liable parties. If you’ve lost a loved one due to an accident, medical error, or reckless behavior, we are here to fight for the justice and compensation your family deserves.

What Qualifies as a Wrongful Death Case in Georgia?

A wrongful death claim arises when someone’s negligence or intentional actions cause another person’s death. Under Georgia law, surviving family members may file a claim if the death was caused by:

01

Car, Truck & Motorcycle Accidents

Fatal crashes caused by reckless or impaired drivers.

02

Medical Malpractice

Misdiagnosis, surgical errors, or failure to provide proper medical care.

03

Workplace Accidents

Fatal injuries due to unsafe conditions, lack of training, or equipment failures.

04

Premises Liability

Fatal falls, drowning accidents, or unsafe property hazards.

05

Defective Products

Dangerous drugs, faulty equipment, or unsafe consumer products.

06

Criminal Acts

Homicide, assault, or reckless behavior leading to death.

Who Can File a Wrongful Death Claim in Georgia?

Georgia law determines who has the legal right to file a wrongful death lawsuit:

  • Spouse & Children – The surviving spouse has the primary right to file, with children as beneficiaries.
  • Parents of the Deceased – If there is no spouse or child, the parents of the deceased may file.
  • Estate Representative – If no family members are available, the executor of the deceased’s estate may file on behalf of the estate and beneficiaries.

Wrongful death lawsuits must be filed within two years of the death, or the family risks losing their right to compensation.

Frequently Asked Questions

  • How Long Do I Have to File a Wrongful Death Claim in Georgia?

    The statute of limitations for wrongful death lawsuits in Georgia is two years from the date of death. However, exceptions apply in cases involving criminal acts or if the estate is tied up in probate.

  • What Compensation Can I Recover in a Wrongful Death Lawsuit?

    ✅ Compensation for the Surviving Family

     • Lost Wages & Future Earnings – The financial support the deceased would have provided.

     • Loss of Companionship – Compensation for the loss of love, guidance, and emotional support.

     • Pain & Suffering of the Family – The emotional trauma caused by the untimely death.


    ✅ Compensation for the Estate of the Deceased

     • Medical Expenses – Final hospital bills and emergency medical costs.

     • Funeral & Burial Expenses – The cost of honoring and laying your loved one to rest.

     • Other Financial Losses – Any additional costs related to the wrongful death.

  • Can I File a Claim If My Loved One Was Partially at Fault?

    Yes. Georgia follows a modified comparative negligence rule. If the deceased was less than 50% responsible, the family may still recover damages, but compensation will be reduced by their percentage of fault.

  • How Do I Prove Wrongful Death?

    To win a wrongful death case, you must show:

     1. The responsible party had a duty of care (e.g., a driver must obey traffic laws).

     2. They breached that duty (e.g., by speeding or driving under the influence).

     3. Their negligence directly caused the death.

     4. The death resulted in damages, such as medical bills, lost income, and emotional suffering.

  • What If the Person Responsible Is Facing Criminal Charges?

    A wrongful death lawsuit is separate from a criminal case. Even if the at-fault party is not convicted in criminal court, you can still file a civil lawsuit for financial damages.